SALIM MACMASTERS ABDULLAH & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

The appeals of Salim Macmaster Abdullah and Francis Ndungu Mwaura were argued together before us. They arise from their convictions on a joint charge of robbery contrary to Section 296(1) of the Penal Code. Those convictions were recorded by the Resident Magistrate at Gatundu on 1^st September, 1992 and were subsequently confirmed by the High Court (Oguk, J.) on 15^th February, 1994. The appellants appeal a second time to this court and that being so, only matters of law fall for our consideration.

The only valid point of law raised by each appellant seems to us to be whether there were proper identification parades in respect of each appellant. Both the magistrate and the learned judge seem to have proceeded on the basis that each appellant was identified by Henry Njoroge Ngugi (P.W.1), the victim of the robbery, at properly conducted identification parades. In this, both courts below were not correct. It is true P.W.1 stated in his evidence that he identified each …